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(영문) 대전지방법원 2014.10.16 2014노1490
상해등
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

When committing the instant crime, the Defendant was in a state of mental disability due to stimulative disorder.

The sentence of unfair sentencing (10 months of imprisonment) by the court below is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

According to the records on the Defendant’s claim of mental disability, it is recognized that the Defendant received hospital treatment from August 1994 to February 2, 2012 due to stimulative disorder, but in light of the circumstances leading to the instant crime, the details of the crime, the attitude of the Defendant, and the circumstances before and after the instant crime, etc., it is not recognized that the Defendant had the ability to discern things or make decisions due to stimulative disorder at the time of the instant crime.

This part of the defendant's assertion is without merit.

The crime of this case on the assertion of unfair sentencing is a situation unfavorable to the defendant, such as: (a) the defendant, at the time of multiple times, suffered an injury necessary for six weeks of treatment; and (b) the defendant temporarily used a taxi operated by the victim F without permission; and (c) the liability for the crime is not less strict; (d) the damage from the crime of this case was restored; (e) the victim did not agree with the victims; and (e) the fact that there was a number

However, in full view of all the sentencing conditions, such as Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, etc., the sentence of the lower court is too heavy or unreasonable, as it appears that the Defendant led to his confession of the instant crime and reflects his mistake in depth, and that the Defendant’s stimulative disorder appears to have influenced the instant crime.

This part of the defendant and prosecutor's assertion is without merit.

As the defendant and the prosecutor's appeal are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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